Who Can File a Wrongful Death Claim in San Diego?

By Eugene Bruno on March 25, 2025

California law allows surviving family members and certain others to file a wrongful death lawsuit to seek compensation for their loss. But are there limitations on the eligibility of certain family members for filing a wrongful death claim in California?

A wrongful death lawsuit is a civil claim brought by eligible individuals against a person or entity whose negligence or misconduct caused the death of another person. Wrongful death claims are distinct from criminal cases in that a criminal case may result in punishment for the wrongdoer, while a wrongful death claim focuses solely on compensating the surviving family members for their losses.

The primary purpose of such claims is to provide surviving loved ones with financial compensation for the losses they have suffered, including:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship, love, and guidance
• Emotional distress resulting from the death

Eligibility to File a Wrongful Death Claim in California

According to California’s wrongful death law, only certain individuals can bring a wrongful death claim. Regarding who is eligible to receive money in a wrongful death claim, the beneficiaries of a wrongful death case are, in most cases, family members closely related to the deceased.

The following family members have the highest priority to file a wrongful death claim:

• Spouse: The deceased’s surviving spouse is likely to be eligible to file a claim.
• Children: Biological and legally adopted children of the deceased can file a claim.
• Parents of unmarried children: If the deceased was unmarried and had no children, their parents may be eligible to file.

California law recognizes domestic partnerships, giving registered domestic partners the same legal rights as spouses to file wrongful death claims. Additionally, individuals financially dependent on the deceased, such as a partner in a non-marital relationship or another dependent, may also be eligible under certain circumstances.

In some cases, other relatives may be eligible to file if closer family members are unavailable. These include:

• Siblings: Brothers and sisters may file if no immediate family members (spouse, children, or parents) are eligible.
• Grandparents: If there are no closer family members, grandparents may file a claim for the wrongful death of their grandchild.

If the deceased left a will naming a personal representative or executor, this individual might also bring forth a wrongful death claim. Such claims are often filed on behalf of the estate to recover specific losses, such as medical bills or other expenses incurred before the deceased’s death.

Special Circumstances

Family dynamics can be complex, but California law accounts for this by addressing unique situations in wrongful death claims.

• Minor children: Minor children are among the first eligible to file a claim when the deceased is a parent. In cases where the other parent is absent or unable to represent the minor, a guardian may be appointed to file the claim on their behalf.
• Adult children: Adult children of the deceased are also eligible to file a wrongful death claim. However, they may need to prove their dependency on the deceased for financial or emotional support to strengthen their case.
• Unmarried partners: Unmarried partners may still be eligible if they can demonstrate financial dependence on the deceased, even if not legally recognized as domestic partners. This can include evidence to prove shared expenses, joint accounts, or reliance on the deceased for daily living needs.
• Financially dependent individuals: Other financially dependent individuals, such as stepchildren or foster children, may qualify to file a wrongful death claim if they can provide evidence of dependency.

The Role of the Estate

The deceased’s estate can play a pivotal role in wrongful death claims. In many cases, claims filed on behalf of the estate seek compensation for losses directly tied to the deceased, such as unpaid medical bills, lost income, or property damage.

The personal representative or executor often initiates an estate-based claim. Compensation awarded in such claims may be distributed according to the deceased’s will or California intestacy laws if no will exists.

While individual family members file claims to recover personal losses (e.g., loss of companionship or emotional distress), estate claims focus on the deceased’s financial losses. These claims are sometimes filed concurrently but remain separate in scope and purpose.

Time Limitations on a Claim

California law imposes strict time limits for filing wrongful death lawsuits. Under California Code of Civil Procedure Section 335.1, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased’s death. Failing to file within this timeframe typically results in losing the right to pursue a claim.

Certain exceptions may extend the filing deadline, such as:

• If the claim involves medical malpractice, the statute of limitations may differ.
• If the claimant was a minor at the time of the deceased’s death, the statute of limitations may be extended until they reach the age of majority.

Proving Your Eligibility for a Wrongful Death Claim

Establishing your eligibility to file a wrongful death claim requires documentation and legal proof of your relationship with the deceased. Claimants must provide evidence of their relationship to the deceased, such as:

• Birth certificates: To confirm parent-child relationships.
• Marriage certificates: To prove spousal or domestic partner status.
• Dependency proof: Financial records or other documentation showing dependency on the deceased.

In some cases, the court may require claimants to present evidence of their eligibility, especially when disputes arise among potential claimants. Consulting a San Diego wrongful death lawyer ensures that all necessary documentation is properly prepared and submitted.

Multiple Eligible Recipients

The process can become more complicated when multiple parties are eligible to file a wrongful death claim since California courts often consolidate claims from multiple parties into a single wrongful death lawsuit. In such cases, compensation awarded for the wrongful death lawsuit is divided among eligible parties based on their relationship to the deceased and demonstrated losses.

If multiple eligible individuals wish to file, they may need to agree on one representative to pursue the claim on behalf of everyone. California law prioritizes close family members—such as spouses and children—over distant relatives or dependents. Alternatively, the court may determine how the claim proceeds—especially when disputes arise—with the aim of ensuring fair distribution of any compensation.

Seek Legal Help for Wrongful Death Claims in San Diego

Filing a wrongful death claim can be a complex process, especially when eligibility is unclear or multiple parties are involved. Consulting an experienced wrongful death law firm like Eugene Bruno & Associates can protect your rights and help you navigate the legal process effectively. If multiple parties are involved, we can negotiate with other counsel to ensure a fair division of wrongful death settlement funds.

Our law firm has been recognized by Expertise as one of the Best Personal Injury Lawyers in San Diego, and we’ve earned a place in The National Trial Lawyers Top 100 and maintain a BBB Accredited Business rating of A. With over 40 years of combined experience, a 99.7% success rate, and a record of having recovered tens of millions for our clients, we’re committed to delivering outstanding results.

Call Eugene Bruno & Associates today at 1-888-BRUNO-88 (1-888-278-6688) to schedule your free consultation with one of our compassionate attorneys. We’ll guide you through every step, from establishing eligibility to pursuing wrongful death settlement distribution.